Common Alloy Aluminum Sheet From Brazil: Final Determination of Sales at Less Than Fair Value, 13302-13304 [2021-04725]

Download as PDF 13302 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices III. Changes from the Preliminary Determination IV. Discussion of the Issues Comment 1: Whether Adverse Facts Available (AFA) is Appropriate for Elvalhalcor Comment 2: Application of Major Input Rule Comment 3: Selling Expense Adjustment to the Cost of Manufacture (COM) Comment 4: Adjusting COM With Amounts Related to Losses on Derivatives Comment 5: Reconciliation of April 2019 U.S. Sales Comment 6: Warranty Expenses Comment 7: Home Market Rebates Comment 8: Home Market Inland Freight Expenses Comment 9: Packing Expenses Comment 10: Comparisons Between Alloy Products Comment 11: Home Market Credit Expenses Comment 12: U.S. Indirect Selling Expenses for Sales Through International Trade Comment 13: Adjustment Made to Other Disounts for Certain Home Market Sales Comment 14: Use of Quarterly Costs in Differential Pricing Analysis V. Recommendation [FR Doc. 2021–04737 Filed 3–5–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–351–854] Common Alloy Aluminum Sheet From Brazil: Final Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) continues to determine that imports of common alloy aluminum sheet (aluminum sheet) from Brazil are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI), January 1, 2019, through December 31, 2019. DATES: Applicable March 8, 2021. FOR FURTHER INFORMATION CONTACT: Kyle Clahane, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5449. SUPPLEMENTARY INFORMATION: jbell on DSKJLSW7X2PROD with NOTICES AGENCY: Background On October 15, 2020, Commerce published in the Federal Register its preliminary affirmative determination VerDate Sep<11>2014 19:05 Mar 05, 2021 Jkt 253001 in the LTFV investigation of aluminum sheet from Brazil, in which we also postponed the final determination until March 1, 2021.1 We invited interested parties to comment on the Preliminary Determination. We received no comments on the Preliminary Determination. Scope of the Order The products covered by this investigation are common alloy aluminum sheet from Brazil. For a complete description of the scope of this investigation, see the Appendix. Scope Comments During the course of this investigation, Commerce received scope comments from interested parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments.2 We received comments from interested parties on the Preliminary Scope Decision Memorandum, which we address in the Final Scope Decision Memorandum.3 Commerce is not modifying the scope language as it appeared in the Preliminary Determination. See the Appendix for the final scope of the investigation. Verification Commerce was unable to conduct onsite verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of an on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act).4 1 See Common Alloy Aluminum Sheet from Brazil: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 85 FR 65363 (October 15, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Common Alloy Aluminum Sheet from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Republic of Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey: Scope Comments Decision Memorandum for the Preliminary Determinations,’’ dated October 6, 2020 (Preliminary Scope Decision Memorandum). 3 See Memorandum, ‘‘Common Alloy Aluminum Sheet from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey: Scope Comments Final Decision Memorandum,’’ dated concurrently with, and hereby adopted by, this notice (Final Scope Decision Memorandum). 4 See Commerce’s Letter, ‘‘Remote Verification— Request for Documentation,’’ dated November 17, 2020; see also Novelis do Brasil Ltda’s (Novelis Brasil’s) Letter, ‘‘Common Alloy Aluminum Sheet from Brazil: Novelis do Brasil Ltda’s Verification Questionnaire Response,’’ dated November 24, 2020 (Verification Questionnaire Response). PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 Changes Since the Preliminary Determination We continue to find that imports of aluminum sheet from Brazil are being, or are likely to be, sold in the United States at LTFV for the POI. Because we received no comments, we hereby incorporate by reference our reasoning in the Preliminary Determination, and no separate decision memorandum accompanies this Federal Register notice. However, based on our review and analysis of the information received in lieu of on-site verification, we made certain changes to the margin calculation for mandatory respondent, Novelis do Brasil Ltda (Novelis Brasil).5 As a result of these changes, Commerce also revised the all-others rate and the rate assigned to Companhia Brasileira de Aluminio (CBA). See below for further discussion. Use of Adverse Facts Available In the Preliminary Determination, Commerce found that the mandatory respondent, CBA, failed to comply with Commerce’s multiple requests for information, which significantly impeded the investigation. Further, Commerce found that CBA failed to cooperate to the best of its ability in this investigation. Therefore, in the Preliminary Determination, pursuant to sections 776(a) and (b) of the Act, Commerce assigned CBA a rate based on adverse facts available (AFA). No interested party commented on this determination, and so there is no basis for us to revisit our determination to apply AFA to this company. Accordingly, we continue to find that the application of AFA pursuant to sections 776(a) and (b) of the Act is warranted in determining CBA’s weighted-average margin. Consistent with the Preliminary Determination, Commerce has assigned to CBA the highest transaction-specific margin calculated for Novelis Brasil, which is 137.06 percent.6 Because this rate is not secondary information, but rather is based on information obtained in the 5 See Memorandum, ‘‘Analysis Memorandum for the Final Determination of the Less-than-Fair-Value Investigation of Common Alloy Aluminum Sheet from Brazil: Novelis do Brasil Ltda.,’’ dated concurrently with this notice (Final Analysis Memorandum). 6 See Final Analysis Memorandum. As a result of minor corrections received in Novelis Brasil’s Verification Questionnaire Response, Novelis Brasil’s highest transaction-specific margin changed from 136.78 percent in the Preliminary Determination to 137.06 percent in the final determination. Because we continue to use Novelis Brasil’s highest transaction-specific margin as the AFA rate for CBA, for the final determination, we have updated the rate assigned to CBA accordingly. E:\FR\FM\08MRN1.SGM 08MRN1 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices course of the investigation, Commerce need not corroborate this rate pursuant to section 776(c) of the Act. jbell on DSKJLSW7X2PROD with NOTICES All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weightedaverage dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act. Commerce assigned a rate based entirely on facts available under section 776 of the Act to CBA. Therefore, the only rate that is not zero, de minimis, or based entirely on facts otherwise available, is the rate calculated for Novelis Brasil. Consequently, consistent with the Preliminary Determination, the rate calculated for Novelis Brasil is assigned as the rate for all other producers and exporters pursuant to section 735(c)(5)(A) of the Act. the affirmative Preliminary Determination. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), we will instruct CBP to require a cash deposit for such entries of merchandise equal to the estimated weighted-average dumping margin as follows: (1) The cash deposit rate for the respondents listed above will be equal to the respondent-specific estimated weightedaverage dumping margin determined in this final determination; (2) if the exporter is not a respondent identified above but the producer is, then the cash deposit rate will be equal to the respondent-specific estimated weightedaverage dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. These suspension-of-liquidation instructions will remain in effect until further notice. International Trade Commission Notification In accordance with section 735(d) of Final Determination the Act, we will notify the International The final estimated weighted-average Trade Commission (ITC) of the final dumping margins are as follows: affirmative determination of sales at LTFV. Because Commerce’s final Weighted- determination is affirmative, in average accordance with section 735(b)(2) of the Exporter/producer dumping Act, the ITC will make its final margin determination as to whether the (percent) domestic industry in the United States Companhia Brasileira de is materially injured, or threatened with Aluminio .................................. 137.06 material injury, by reason of imports or Novelis do Brasil Ltda ................ 49.61 All Others .................................... 49.61 sales (or the likelihood of sales) for importation of sheet no later than 45 days after this final determination. If the Disclosure ITC determines that such injury does We intend to disclose the calculations not exist, this proceeding will be performed for Novelis Brasil in this final terminated, and all cash deposits posted determination within five days of the will be refunded and suspension of date of publication of this notice to liquidation will be lifted. If the ITC parties in this proceeding in accordance determines that such injury does exist, 7 with 19 CFR 351.224(b). Commerce will issue an antidumping duty order directing CBP to assess, upon Continuation of Suspension of further instruction by Commerce, Liquidation antidumping duties on all imports of the In accordance with section subject merchandise entered, or 735(c)(1)(B) of the Act, Commerce will withdrawn from warehouse, for instruct U.S. Customs and Border consumption on or after the effective Protection (CBP) to continue to suspend date of the suspension of liquidation, as liquidation of all appropriate entries of discussed above in the ‘‘Continuation of aluminum sheet from Brazil, as described in the appendix of this notice, Suspension of Liquidation’’ section. which are entered, or withdrawn from Notification Regarding Administrative warehouse, for consumption on or after Protective Orders October 15, 2020, the date of This notice will serve as a final publication in the Federal Register of reminder to the parties subject to administrative protective order (APO) of 7 Because Commerce is continuing to apply AFA their responsibility concerning the to CBA in this investigation, in accordance with disposition of proprietary information section 776 of the Act, there are no calculations to disclose for CBA. disclosed under APO in accordance VerDate Sep<11>2014 19:05 Mar 05, 2021 Jkt 253001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 13303 with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c). Dated: March 1, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix—Scope of the Investigation The products covered by this investigation are common alloy aluminum sheet, which is a flat-rolled aluminum product having a thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or cut-to-length, regardless of width. Common alloy sheet within the scope of this investigation includes both not clad aluminum sheet, as well as multi-alloy, clad aluminum sheet. With respect to not clad aluminum sheet, common alloy sheet is manufactured from a 1XXX-, 3XXX-, or 5XXX-series alloy as designated by the Aluminum Association. With respect to multi-alloy, clad aluminum sheet, common alloy sheet is produced from a 3XXX-series core, to which cladding layers are applied to either one or both sides of the core. The use of a proprietary alloy or non-proprietary alloy that is not specifically registered by the Aluminum Association as a discrete 1XXX-, 3XXX-, or 5XXX-series alloy, but that otherwise has a chemistry that is consistent with these designations, does not remove an otherwise in-scope product from the scope. Common alloy sheet may be made to ASTM specification B209–14 but can also be made to other specifications. Regardless of specification, however, all common alloy sheet meeting the scope description is included in the scope. Subject merchandise includes common alloy sheet that has been further processed in a third country, including but not limited to annealing, tempering, painting, varnishing, trimming, cutting, punching, and/or slitting, or any other processing that would not otherwise remove the merchandise from the scope of these investigations if performed in the country of manufacture of the common alloy sheet. Excluded from the scope of this investigation is aluminum can stock, which is suitable for use in the manufacture of aluminum beverage cans, lids of such cans, or tabs used to open such cans. Aluminum can stock is produced to gauges that range from 0.200 mm to 0.292 mm, and has an Hl9, H–41, H–48, or H–391 temper. In addition, aluminum can stock has a lubricant applied to the flat surfaces of the can stock to facilitate its movement through machines used in the manufacture of beverage cans. Aluminum can stock is properly classified under Harmonized Tariff Schedule of the E:\FR\FM\08MRN1.SGM 08MRN1 13304 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices United States (HTSUS) subheadings 7606.12.3045 and 7606.12.3055. Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set for the above. Common alloy sheet is currently classifiable under HTSUS subheadings 7606.11.3060, 7606.11.6000, 7606.12.3096, 7606.12.6000, 7606.91.3095, 7606.91.6095, 7606.92.3035, and 7606.92.6095. Further, merchandise that falls within the scope of this investigation may also be entered into the United States under HTSUS subheadings 7606.11.3030, 7606.12.3015, 7606.12.3025, 7606.12.3035, 7606.12.3091, 7606.91.3055, 7606.91.6055, 7606.92.3025, 7606.92.6055, 7607.11.9090. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. [FR Doc. 2021–04725 Filed 3–5–21; 8:45 am] BILLING CODE 3510–DS–P Scope of the Order DEPARTMENT OF COMMERCE International Trade Administration [A–560–835] Common Alloy Aluminum Sheet From Indonesia: Final Determination of Sales at Less Than Fair Value, and Final Affirmative Finding of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of common alloy aluminum sheet (aluminum sheet) from Indonesia are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2019, through December 31, 2019. DATES: Applicable March 8, 2021. FOR FURTHER INFORMATION CONTACT: John K. Drury, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0195. SUPPLEMENTARY INFORMATION: AGENCY: jbell on DSKJLSW7X2PROD with NOTICES Background On October 15, 2020, Commerce published in the Federal Register its Preliminary Determination.1 On 1 See Common Alloy Aluminum Sheet from Indonesia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, 85 FR 65356 (October 15, 2020) VerDate Sep<11>2014 19:05 Mar 05, 2021 November 6, 2020, we postponed the final determination until March 1, 2021.2 The petitioner in this investigation is the Aluminum Association Common Alloy Aluminum Sheet Working Group and its individual members: Aleris Rolled Products, Inc.; Arconic, Inc.; Constellium Rolled Products Ravenswood, LLC; JW Aluminum Company; Novelis Corporation; and Texarkana Aluminum, Inc. (the petitioner). The mandatory respondent in this investigation is Pt. Alumindo Light Metal Industry Tbk (Pt. Alumindo). We provided interested parties an opportunity to comment on the Preliminary Determination. We received no comments. As such, this final determination is unchanged from the Preliminary Determination. Commerce conducted this investigation in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Jkt 253001 The products covered by this investigation are common alloy aluminum sheet from Indonesia. For a complete description of the scope of this investigation, see the Appendix to this notice. Scope Comments During the course of this investigation, Commerce received scope comments from interested parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments.3 We received comments from interested parties on the Preliminary Scope Decision Memorandum, which we addressed in the Final Scope Decision Memorandum.4 Commerce is not modifying the scope language as it appeared in the Preliminary Determination. See the Appendix to this notice for the final scope of the investigation. (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM), 2 See Common Alloy Aluminum Sheet from Indonesia and Romania: Postponement of Final Determinations of Less-Than-Fair-Value Investigations, 85 FR 71049 (November 6, 2020). 3 See Memorandum, ‘‘Common Alloy Aluminum Sheet from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Republic of Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey: Scope Comments Decision Memorandum for the Preliminary Determinations,’’ dated October 6, 2020 (Preliminary Scope Decision Memorandum). 4 See Memorandum, ‘‘Common Alloy Aluminum Sheet from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey: Scope Comments Final Decision Memorandum,’’ dated concurrently with, and hereby adopted by, this notice (Final Scope Decision Memorandum). PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 Verification Because the mandatory respondent in this investigation did not provide necessary information requested by Commerce, we did not conduct verification. Changes Since the Preliminary Determination and Use of Adverse Facts Available Commerce has made no changes to the Preliminary Determination. As stated in the Preliminary Determination, we found that the application of facts available with an adverse inference with respect to the mandatory respondent, i.e., Pt. Alumindo, was warranted, in accordance with sections 776(a)(1), 776(a)(2)(A)-(C), and 776(b) of the Act.5 Final Determination of Critical Circumstances In the Preliminary Determination, we preliminarily found that critical circumstances exist with respect to imports of subject merchandise from Indonesia.6 Commerce received no comments regarding this issue after the Preliminary Determination. Thus, for this final determination, we continue to find that critical circumstances exist with respect to imports of subject merchandise from Indonesia. All-Others Rate As discussed in the Preliminary Determination, in accordance with section 735(c)(5)(B) of the Act, Commerce preliminarily determined the estimated dumping margin for the individually examined respondent (i.e., Pt. Alumindo) entirely under section 776 of the Act. Consequently, pursuant to section 735(c)(5)(B) of the Act, and consistent with Commerce’s practice, the all-others rate in the Preliminary Determination was based on the only dumping margin alleged in the petition (i.e., 32.12 percent). No parties commented on this issue and we made no changes to the all-others rate for this final determination.7 Final Determination The final estimated weighted-average dumping margins are as follows: Exporter/producer Pt. Alumindo Light Metal Industry Tbk ..................................... All Others .................................... 5 See 6 Id. Preliminary Determination. at 65357. 7 Id. E:\FR\FM\08MRN1.SGM 08MRN1 Estimated dumping margin (percent) 32.12 32.12

Agencies

[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13302-13304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04725]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-854]


Common Alloy Aluminum Sheet From Brazil: Final Determination of 
Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) continues to determine 
that imports of common alloy aluminum sheet (aluminum sheet) from 
Brazil are being, or are likely to be, sold in the United States at 
less than fair value (LTFV) for the period of investigation (POI), 
January 1, 2019, through December 31, 2019.

DATES: Applicable March 8, 2021.

FOR FURTHER INFORMATION CONTACT: Kyle Clahane, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5449.

SUPPLEMENTARY INFORMATION:

Background

    On October 15, 2020, Commerce published in the Federal Register its 
preliminary affirmative determination in the LTFV investigation of 
aluminum sheet from Brazil, in which we also postponed the final 
determination until March 1, 2021.\1\ We invited interested parties to 
comment on the Preliminary Determination. We received no comments on 
the Preliminary Determination.
---------------------------------------------------------------------------

    \1\ See Common Alloy Aluminum Sheet from Brazil: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 85 FR 65363 (October 15, 2020) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by this investigation are common alloy 
aluminum sheet from Brazil. For a complete description of the scope of 
this investigation, see the Appendix.

Scope Comments

    During the course of this investigation, Commerce received scope 
comments from interested parties. Commerce issued a Preliminary Scope 
Decision Memorandum to address these comments.\2\ We received comments 
from interested parties on the Preliminary Scope Decision Memorandum, 
which we address in the Final Scope Decision Memorandum.\3\ Commerce is 
not modifying the scope language as it appeared in the Preliminary 
Determination. See the Appendix for the final scope of the 
investigation.
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Common Alloy Aluminum Sheet from Bahrain, 
Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, 
Republic of Korea, Oman, Romania, Serbia, Slovenia, South Africa, 
Spain, Taiwan, and Turkey: Scope Comments Decision Memorandum for 
the Preliminary Determinations,'' dated October 6, 2020 (Preliminary 
Scope Decision Memorandum).
    \3\ See Memorandum, ``Common Alloy Aluminum Sheet from Bahrain, 
Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, 
Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, 
and Turkey: Scope Comments Final Decision Memorandum,'' dated 
concurrently with, and hereby adopted by, this notice (Final Scope 
Decision Memorandum).
---------------------------------------------------------------------------

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. However, we took additional steps in lieu of an on-site 
verification to verify the information relied upon in making this final 
determination, in accordance with section 782(i) of the Tariff Act of 
1930, as amended (the Act).\4\
---------------------------------------------------------------------------

    \4\ See Commerce's Letter, ``Remote Verification--Request for 
Documentation,'' dated November 17, 2020; see also Novelis do Brasil 
Ltda's (Novelis Brasil's) Letter, ``Common Alloy Aluminum Sheet from 
Brazil: Novelis do Brasil Ltda's Verification Questionnaire 
Response,'' dated November 24, 2020 (Verification Questionnaire 
Response).
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    We continue to find that imports of aluminum sheet from Brazil are 
being, or are likely to be, sold in the United States at LTFV for the 
POI. Because we received no comments, we hereby incorporate by 
reference our reasoning in the Preliminary Determination, and no 
separate decision memorandum accompanies this Federal Register notice.
    However, based on our review and analysis of the information 
received in lieu of on-site verification, we made certain changes to 
the margin calculation for mandatory respondent, Novelis do Brasil Ltda 
(Novelis Brasil).\5\ As a result of these changes, Commerce also 
revised the all-others rate and the rate assigned to Companhia 
Brasileira de Aluminio (CBA). See below for further discussion.
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Analysis Memorandum for the Final 
Determination of the Less-than-Fair-Value Investigation of Common 
Alloy Aluminum Sheet from Brazil: Novelis do Brasil Ltda.,'' dated 
concurrently with this notice (Final Analysis Memorandum).
---------------------------------------------------------------------------

Use of Adverse Facts Available

    In the Preliminary Determination, Commerce found that the mandatory 
respondent, CBA, failed to comply with Commerce's multiple requests for 
information, which significantly impeded the investigation. Further, 
Commerce found that CBA failed to cooperate to the best of its ability 
in this investigation. Therefore, in the Preliminary Determination, 
pursuant to sections 776(a) and (b) of the Act, Commerce assigned CBA a 
rate based on adverse facts available (AFA). No interested party 
commented on this determination, and so there is no basis for us to 
revisit our determination to apply AFA to this company. Accordingly, we 
continue to find that the application of AFA pursuant to sections 
776(a) and (b) of the Act is warranted in determining CBA's weighted-
average margin. Consistent with the Preliminary Determination, Commerce 
has assigned to CBA the highest transaction-specific margin calculated 
for Novelis Brasil, which is 137.06 percent.\6\ Because this rate is 
not secondary information, but rather is based on information obtained 
in the

[[Page 13303]]

course of the investigation, Commerce need not corroborate this rate 
pursuant to section 776(c) of the Act.
---------------------------------------------------------------------------

    \6\ See Final Analysis Memorandum. As a result of minor 
corrections received in Novelis Brasil's Verification Questionnaire 
Response, Novelis Brasil's highest transaction-specific margin 
changed from 136.78 percent in the Preliminary Determination to 
137.06 percent in the final determination. Because we continue to 
use Novelis Brasil's highest transaction-specific margin as the AFA 
rate for CBA, for the final determination, we have updated the rate 
assigned to CBA accordingly.
---------------------------------------------------------------------------

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act. Commerce assigned a rate based entirely on facts available under 
section 776 of the Act to CBA. Therefore, the only rate that is not 
zero, de minimis, or based entirely on facts otherwise available, is 
the rate calculated for Novelis Brasil. Consequently, consistent with 
the Preliminary Determination, the rate calculated for Novelis Brasil 
is assigned as the rate for all other producers and exporters pursuant 
to section 735(c)(5)(A) of the Act.

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Companhia Brasileira de Aluminio............................      137.06
Novelis do Brasil Ltda......................................       49.61
All Others..................................................       49.61
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed for Novelis Brasil 
in this final determination within five days of the date of publication 
of this notice to parties in this proceeding in accordance with 19 CFR 
351.224(b).\7\
---------------------------------------------------------------------------

    \7\ Because Commerce is continuing to apply AFA to CBA in this 
investigation, in accordance with section 776 of the Act, there are 
no calculations to disclose for CBA.
---------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of aluminum sheet from 
Brazil, as described in the appendix of this notice, which are entered, 
or withdrawn from warehouse, for consumption on or after October 15, 
2020, the date of publication in the Federal Register of the 
affirmative Preliminary Determination.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), we will instruct CBP to require a cash deposit for such 
entries of merchandise equal to the estimated weighted-average dumping 
margin as follows: (1) The cash deposit rate for the respondents listed 
above will be equal to the respondent-specific estimated weighted-
average dumping margin determined in this final determination; (2) if 
the exporter is not a respondent identified above but the producer is, 
then the cash deposit rate will be equal to the respondent-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin. These suspension-of-liquidation 
instructions will remain in effect until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because Commerce's final determination 
is affirmative, in accordance with section 735(b)(2) of the Act, the 
ITC will make its final determination as to whether the domestic 
industry in the United States is materially injured, or threatened with 
material injury, by reason of imports or sales (or the likelihood of 
sales) for importation of sheet no later than 45 days after this final 
determination. If the ITC determines that such injury does not exist, 
this proceeding will be terminated, and all cash deposits posted will 
be refunded and suspension of liquidation will be lifted. If the ITC 
determines that such injury does exist, Commerce will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by Commerce, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

Notification Regarding Administrative Protective Orders

    This notice will serve as a final reminder to the parties subject 
to administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR 
351.210(c).

    Dated: March 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Investigation

    The products covered by this investigation are common alloy 
aluminum sheet, which is a flat-rolled aluminum product having a 
thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or 
cut-to-length, regardless of width. Common alloy sheet within the 
scope of this investigation includes both not clad aluminum sheet, 
as well as multi-alloy, clad aluminum sheet. With respect to not 
clad aluminum sheet, common alloy sheet is manufactured from a 1XXX-
, 3XXX-, or 5XXX-series alloy as designated by the Aluminum 
Association. With respect to multi-alloy, clad aluminum sheet, 
common alloy sheet is produced from a 3XXX-series core, to which 
cladding layers are applied to either one or both sides of the core. 
The use of a proprietary alloy or non-proprietary alloy that is not 
specifically registered by the Aluminum Association as a discrete 
1XXX-, 3XXX-, or 5XXX-series alloy, but that otherwise has a 
chemistry that is consistent with these designations, does not 
remove an otherwise in-scope product from the scope.
    Common alloy sheet may be made to ASTM specification B209-14 but 
can also be made to other specifications. Regardless of 
specification, however, all common alloy sheet meeting the scope 
description is included in the scope. Subject merchandise includes 
common alloy sheet that has been further processed in a third 
country, including but not limited to annealing, tempering, 
painting, varnishing, trimming, cutting, punching, and/or slitting, 
or any other processing that would not otherwise remove the 
merchandise from the scope of these investigations if performed in 
the country of manufacture of the common alloy sheet.
    Excluded from the scope of this investigation is aluminum can 
stock, which is suitable for use in the manufacture of aluminum 
beverage cans, lids of such cans, or tabs used to open such cans. 
Aluminum can stock is produced to gauges that range from 0.200 mm to 
0.292 mm, and has an H-l9, H-41, H-48, or H-391 temper. In addition, 
aluminum can stock has a lubricant applied to the flat surfaces of 
the can stock to facilitate its movement through machines used in 
the manufacture of beverage cans. Aluminum can stock is properly 
classified under Harmonized Tariff Schedule of the

[[Page 13304]]

United States (HTSUS) subheadings 7606.12.3045 and 7606.12.3055.
    Where the nominal and actual measurements vary, a product is 
within the scope if application of either the nominal or actual 
measurement would place it within the scope based on the definitions 
set for the above.
    Common alloy sheet is currently classifiable under HTSUS 
subheadings 7606.11.3060, 7606.11.6000, 7606.12.3096, 7606.12.6000, 
7606.91.3095, 7606.91.6095, 7606.92.3035, and 7606.92.6095. Further, 
merchandise that falls within the scope of this investigation may 
also be entered into the United States under HTSUS subheadings 
7606.11.3030, 7606.12.3015, 7606.12.3025, 7606.12.3035, 
7606.12.3091, 7606.91.3055, 7606.91.6055, 7606.92.3025, 
7606.92.6055, 7607.11.9090. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written 
description of the scope of this investigation is dispositive.

[FR Doc. 2021-04725 Filed 3-5-21; 8:45 am]
BILLING CODE 3510-DS-P